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The Guardian - AU
The Guardian - AU
Business
Naaman Zhou

ABC admits underpaying casual staff member by $19,000

The ABC’s Brisbane headquarters
The ABC’s Brisbane headquarters. An employee in ABC Brisbane’s digital new department will get $19,000 in backpay after they were found to have been underpaid. Photograph: Dan Peled/AAP

The ABC has admitted it underpaid a casual employee $19,000, after a complaint from the Community and Public Sector Union (CPSU).

The national broadcaster has even flagged its own potential underpayment issues with the fair work ombudsman – affecting an undisclosed number of employees – after one person was confirmed to have been underpaid in the Brisbane digital news department.

In a newsletter sent on Friday to members, the CPSU said there was a widespread issue at the ABC affecting casuals who are paid flat hourly rates with no penalties.

The Brisbane employee was underpaid $19,000 since 2016, and the CPSU said they had seen “dozens of similar payment arrangements”.

An ABC spokesman said the broadcaster would now undertake “an extensive review” of casual employees.

“A potential error in how penalty rates should have been calculated and applied has resulted in some casual employees receiving incorrect pay,” he said.

“Employees who might be affected are being notified as soon as possible. In the meantime, the payment system for affected casual employees is being revised to ensure this error does not continue. We are working hard to remedy this for our employees as soon as possible.”

However, the ABC would not disclose how many people were affected, how many employees were employed on similar rates or how many were employed as casuals.

Under the ABC’s enterprise bargaining agreement, employees – including casual employees – are entitled to time-and-a-half for working on public holidays, or on Saturday, or from midnight to dawn.

They are entitled to double time on Sundays, and an additional 30% pay for other kinds of work such as consistent late shifts.

An ABC spokesman confirmed some casuals were paid flat rates, known as “loaded rates”, in lieu of receiving penalty rates.

“The intention of a loaded rate is that is absorbs all payments due under the ABC enterprise agreement for ordinary hours, overtime, penalties, allowances, special rates and casual loading,” he said.

Not all casuals at the ABC are paid loaded rates.

But the CPSU said it had conducted an audit of casual pay rates since August, and looked at contract terms, payslips and rosters, and found many were being underpaid.

Sinddy Ealy, the union’s section secretary for the ABC, said casual employees were especially vulnerable and were scared to speak out.

“Casuals employees do not have secure work. Many of the ABC casuals that we’ve spoken to have told us they suspect the ABC is not paying them their full entitlements but they’re too scared to raise it with the ABC because they might lose shifts if they rock the boat.

“Casual employees rely on every shift to make ends meet and losing even one shift can be the difference between paying your rent or being able to do a food shop.

“I don’t believe most ABC managers would do this but it does highlight why the ABC needs to step up to protect casual workers … Casuals shouldn’t have to be asked to paid properly – it’s the law and the ABC needs to make sure they are doing it.”

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